PROCEDURE-COURT

Landlord Had No Standing to Challenge Tenant's Right to Legal Services

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant obtained legal representation with Manhattan Legal Services through the Universal Access to Counsel program, which provided legal services to income-...

Landlord Awarded $45,000 Judgment in Summary Proceeding After Tenant Moves Out

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Landlord later asked the court for permission to amend its petition and for summary judgment without trial. The court ruled against landlord, who appealed and won...

Co-op Shareholders Claim Retaliation by Co-op Board After Complaints About Drinking Water

March 26, 2024    

Co-op shareholder tenants sued their building's cooperative corporation for retaliation under RPL Section 223-b. They claimed that the co-op board issued a default notice just five weeks after the they complained...

Landlord Didn't Send 90-Day Termination Notice Before Lease Expiration

March 26, 2024    

Landlord sued to evict unregulated tenant when tenant's lease expired. Tenant had lived in the apartment for more than three years before landlord commenced the court proceeding. Tenant asked the court to dismiss...

Tenant Can Add Defense That Landlord's Filing of Affidavit of Service of Petition Was Untimely

March 26, 2024    

Landlord sued to evict tenant. Tenant filed an ERAP application before the first scheduled court date, which resulted in a stay of the proceeding until there was a final ruling on tenant's ERAP application....

Nonpayment Proceeding Sought Rent for Period When Tenant Had No Lease

March 15, 2024    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent in August 2023, seeking rent arrears for the period between August 2022 through June 2023 at $1,451 per month. Tenant asked the court to dismiss...

Landlord Requested Payment of Use and Occupancy Prematurely

March 12, 2024    

Landlord sued to evict two apartment occupants after the unit's rent-controlled tenant died. The case was adjourned for two months on the initial return date to give the occupants a chance to obtain an attorney....

Court Refuses to Grant Mandamus Relief Against DHCR for Ruling on Demolition Application

February 25, 2024    

On March 2, 2021, DOB approved landlord's application to demolish an apartment building. At that time, only one rent-stabilized tenant remained in occupancy. In September 2022, landlord applied pursuant to RSC...

Landlord's Court Appeal of Default Judgment by OATH Dismissed as Untimely

February 25, 2024    

DOB issued a violation notice to landlord for failing to maintain its building wall. The NYC Office of Administrative Trials and Hearings (OATH) issued a default judgment against landlord for failing to appear at a...

Landlord Couldn't Raise Claims on Appeal of OATH Rulings

February 23, 2024    

Landlord sought an Article 78 court appeal of a decision by the NYC Office of Administrative Trials and Hearings (OATH). OATH had denied landlord's requests to vacate default judgments and grant new hearings on...

Termination Notice Didn't Set Grounds for Termination Landlord Claimed in Court

January 28, 2024    

Landlord sued to evict tenant after sending a 90-day termination notice. Landlord alleged that the apartment was unregulated because it was a cooperative unit and the lease between the parties had expired. Landlord...

Termination Notice Listed Incorrect Name for Tenant

January 22, 2024    

Landlord of an Orange County property sued to evict tenants after sending a 90-day termination notice. The court granted tenants' request to dismiss the case. Landlord's termination notice and petition listed...